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Utilities question - Landlord Forum thread 357585

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Utilities question by Marge (CO) on May 26, 2018 @10:54

I run into this thread on the RentPrep FB page. A fellow Colorado landlord has a tenant, who never transferred the utilities to herself. He keeps paying, but the tenant has many issues, and he would like the tenant gone. The question was: since he has all the utilities accounts to his name, can he order switching the utilities off? I said "no way", but does anyone here disagree?

I said the proper way to go in that case would be to get a lawyer, and start the eviction process ASAP. But the utilities, unfortunately, have to stay ON.

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Re: Utilities question by Garry (Iowa) on May 26, 2018 @13:45 [ Reply ]
Need more info----- Is the lease M2M, or is it a term lease(from when, to when)? Did the lease say that the T was to put the utils in their name? Has the T reimbursed the LL for any of the utils they have used? Is this a big house, or just a small apartment? What are the Ts "issues", and are they ones that a LL can use to evict someone? I agree with you, that the LL cannot turn off the utils--- "FOR NOW". But there is a way to do it, depending on what the lease says.
Re: Utilities question by Anonymous on May 26, 2018 @14:21 [ Reply ]
Marge you are correct with your answer. Have a lawyer Evict. Next time do not give key to the rental, until utilities are confirmed to be transferred.
Re: Utilities question by MrDan on May 28, 2018 @23:41 [ Reply ]
State law prohibits the landlord from discontinuing any utility service;

38-12-510. Unlawful removal or exclusion
If the landlord willfully and unlawfully removes the tenant from the premises or willfully and unlawfully causes the termination of heat, running water, hot water, electric, gas, or other essential services, the tenant may seek any remedy available under the law.

The easiest way is to end the tenancy by giving notice;

13-40-107. Notice to quit.
(c) A tenancy of one month or longer but less than six months, ten days;

A verbal agreement is treated as a month to month under Colorado law, thus 10 day notice to terminate.

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